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Board of Aldermen 03-09-2021 Page 5

From: Matt Sullivan, Planning Department Manager
Re: Referral from the Board of Aldermen on proposed O-21-048, amending the Residential Districts
Ordinance (190-17) with respect to residential driveways

From: Matt Sullivan, Planning Department Manager
Re: Referral from the Board of Aldermen on proposed O-21-049, amending the Conservation Subdivision
Supplemental Use Regulations (190-40) (Conservation Commission recommendation)

From: Matt Sullivan, Planning Department Manager
Re: Referral from the Board of Aldermen on proposed O-21-049, amending the Conservation Subdivision
Supplemental Use Regulations (190-40) (Planning Board recommendation)

From: Donna Graham, Legislative Affairs Manager
Re: Communication Received from the Public

From: Lori Wilshire, President Board of Aldermen
Re: Calling a Special Meeting of the Board of Aldermen on March 15, 2021 at 7:00 p.m. for an Update on
the Mohawk Tannery

There being no objection, President Wilshire accepted the communications and placed them on file.

From: Len Fournier, Superintendent Woodlawn/Pinewood Cemeteries
Re: Joint Convention with Woodlawn/Pinewood Cemeteries Board of Trustees

From: Linda Laflamme, Chairman Board of Library Trustees
Re: Joint Convention with Board of Library Trustees

There being no objection, President Wilshire accepted the communications, placed them on file, and
scheduled Joint Conventions with the Woodlawn/Pinewood Cemeteries Board of Trustees and the
Board of Library Trustees on Tuesday, March 23, 2021, at 7:30 p.m. via Zoom teleconference meeting.

President Wilshire

Just for the record | just want to show that Alderman Cleaver joined us at 7:48.

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
President Wilshire

If there’s anyone in the public could you raise your hand in the chat? Derek Anderson?

Derek Anderson Thank you Madam President. My name is Derek Anderson, | am the owner of Wingate’s
Pharmacy at 129 Main Street. | wanted to discuss this evening the proposed expanded dining. | think that was
a good hit last year. The restaurants certainly needed our assistance, the downtown landscape | don't think
could maintain its intrigue if we lost restaurants last year. | think we are still in a period, even with the
decreasing numbers so rapidly, that they still need assistance in the interim. However | don’t believe we should
have the Ordinance stating that this would end in November. Most likely many of the restrictions will be lifted
well before then and | believe that once those restrictions on inside dining capacity are lifted, that the barriers
should be removed and all businesses would have equal access to their customers.

Board of Aldermen 03-09-2021 Page 6

We have found it very difficult for our patrons to find parking and to get into our pharmacy. Most pharmacy

patrons are in and out within 5 or 10 minutes at least at our store and they are less willing to try to drive around
the side streets and to find garages or other suitable parking just so they could finally get back to the pharmacy
and get in and out of it. | sent everyone a letter that was signed by 5 of us retailers on our particular block. That

was Camaraderie, Cardin’s Jeweler, Sue at Chuck’s Barbershop and the Boost Mobile folks, along with myself

and we all agreed that we are definitely supportive of the restaurants at this time but if you could please amend

the end period from November to at which point the Governor lifts restrictions on indoor dining.

| think, in the future, we would love to be part of a scenario where we would have permanently expanded café
or dining area on Main Street. | think people really liked having less travel lanes that it made it a quieter
atmosphere, less traffic somewhat and that would be a great way to build out downtown Nashua with our new
Performing Arts Studio. | think if we cut down the travel lanes, expanded the sidewalks, you would create very
large areas for dining and you would still allow on-street parking access for the retailers. Thank you, Madam
President.

President Wilshire
Thank you. Anyone else wishing to give public comment. | am not seeing anyone, we are going to move on.
COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Mayor Jim Donchess
Re: Multi-Year Contract Award — 3-Year Software Maintenance for Logic Monitor

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND APPROVE THE 3-YEAR
RENEWAL REQUIRED FOR THE CONTINUED OPERATION OF LOGICMONITOR IN THE AMOUNT OF
$4,860 ANNUALLY FOR 3 YEARS FOR A TOTAL OF $14,580. FUNDING WILL BE THROUGH
DEPARTMENT: 122 INFORMATION TECHNOLOGY; FUND: GENERAL FUND —- SOFTWARE
MAINTENANCE - PRIOR YEAR ENCUMBRANCE, BY ROLL CALL.

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0

MOTION CARRIED

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS — None

Board of Aldermen 03-09-2021 Page 7

REPORTS OF COMMITTEE
Budget Review Committee............. ccc niin iee ied 02/22/2021

There being no objection, President Wilshire declared the report of the February 22, 2021 Budget Review
Committee is accepted and placed on file.

Committee on Infrastructure............. ccc ccc ceeceeececeeeeeceeeeeeeeeeeeeeeeeenaeeteneeenas 02/24/2021

There being no objection, President Wilshire declared the report of the February 24, 2021 Committee on
Infrastructure is accepted and placed on file.

Personnel/Administrative Affairs Committee. ............ 00... ccceceeeeenceeeceeeeeneeeuners 03/01/2021

There being no objection, President Wilshire declared the report of the March 1, 2021 Personnel/Administrative
Affairs Committee is accepted and placed on file.

Finance Committee........... 00. ceccecceccecee cence eeeeeeneeeeeaeeetaeeenaneeeaeenetnneeetnnees 03/03/2021

There being no objection, President Wilshire declared the report of the March 3, 2021 Finance Committee
accepted and placed on file.

Planning and Economic Development Committee................cceeeeceeeee eee eeeaees 03/04/2021

There being no objection, President Wilshire declared the report of the March 4, 2021Planning and Economic
Development Committee accepted and placed on file.

CONFIRMATION OF BOARD OF ALDERMEN'S APPOINTMENTS
Citizens Advisory Commission

There being no objection, President Wilshire confirmed the reappointment of Jennifer Bishop-Saucier,
359B Main Street, Nashua, to the Citizens Advisory Commission with a term to expire October 1, 2023.

Oath of Office to be administered at a later date.

Conservation Commission
There being no objection, President Wilshire confirmed the following appointments to the
Conservation Commission: from alternate to member position - Carol Sarno, 15 Rocky Hill Road
Nashua, and new appointed alternate - Jedidiah Crook, 52 King Street, Nashua, both with terms to
expire December 31, 2023.

Oaths of Office administered by Corporation Counsel.

Board of Aldermen 03-09-2021 Page 8

UNFINISHED BUSINESS — RESOLUTIONS

R-21-115
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Thomas Lopez
Alderman-at-Large Ben Clemons
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Skip Cleaver
Alderman Jan Schmidt
APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE NASHUA POLICE
COMMISSION AND THE NASHUA POLICE PATROLMAN’S ASSOCIATION AND THE NASHUA
POLICE COMMISSION AND THE NASHUA POLICE SUPERVISOR’S ASSOCIATION REGARDING
MILITARY LEAVES OF ABSENCE
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-21-115, BY ROLL CALL
ON THE QUESTION

Alderman Dowd

I'd like to speak it.

President Wilshire

Alderman Dowd.

Alderman Dowd

Yes, this is a sidebar agreement with a contract to allow the handling of when a Police Officer gets called to
serve in the military and it is very similar to one that is present in the contract for the Firemen.

President Wilshire
Any discussion for the motion for final passage? Seeing none, would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

Resolution R-21-115 declared duly adopted.

Board of Aldermen 03-09-2021 Page 9

R-21-116
Endorsers: Mayor Jim Donchess
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons
Alderman-at-Large Brandon Michael Laws
Alderman Linda Harriott-Gathright
Alderman Lori Wilshire
ESTABLISHING AN EXPENDABLE TRUST FUND FOR APPROPRIATIONS FOR THE BUSINESS
AND INDUSTRIAL DEVELOPMENT AUTHORITY
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-21-116, BY ROLL CALL
ON THE QUESTION

Alderman Schmidt

And I'd like to speak the Resolution.

President Wilshire

Alderman Schmidt?

Alderman Schmidt

Thank you. The Mayor was talking earlier about when the Business Industrial Development Authority had first
started this project. The Bridge Street Water Front Development Preferred Develooment Agreement for sale of
land and private development was dated May 21, 2009. That’s how long they have been working on building
out this corner of Nashua. | just wanted to say that | have been working with them for a couple of terms and |
know that now they’ve finished that project they are ready to get started on something new. So | hope
everyone will join me in accepting this Resolution. Thank you.

President Wilshire
Thank you. Anyone else; the motion is for final passage of Resolution 21-116. Alderman Jette?
Alderman Jette

Thank you, Madam President. So we had a discussion about this at the Budget Review Committee Meeting
and | reminded my fellow committee members that this project, this is called the Renaissance Apartments |
think, ’'m not sure exactly the name, but it is the area along Bridge Street between the river and the Amory
Street, the area of Sanders Street area. And originally the developer anticipated being able to acquire some
additional land owned by another land owner and that deal never came through. So the developer felt that in
order to make this whole project viable for his purposes, they needed to be able to develop additional housing
and be able to sell more, either sell or rent more units.

Originally there’s a lot that used to be owned by John Mansville that is on the corner of Bridge and Sanders
Streets. Originally the developer was going to develop that as a recreational lot or maybe a soccer field or
something similar. And when he couldn’t acquire the additional land that he anticipated, a proposal was made
to acquire that land and the land across Sanders Street that was owned by the City to be able to build
additional housing on those parcels and part of the agreement was the developer would pay the City
$775,000.00 in lieu of developing that athletic field. So when this was brought before us, you know this change

Board of Aldermen 03-09-2021 Page 10

in the plan was brought before us, it was made clear | thought that the money, the $775,000.00 would be used
to either provide some additional recreational facilities in that area. There’s a lot of development occurring and
being planned in that area so there’s a lot more units, a lot more people are going to be there. The need for
recreation is going to continue.

So now this resolution which is primarily to establish an Expendable Trust Fund to provide funds to the
Business & Industrial Development Authority for future development is fine but it has an additional paragraph
saying, “It is the intention of this Board that after closing, $250,000.00 from the sale of land on Bridge Street
and Sanders Street will be appropriated into this Expendable Trust Fund via a Supplement Appropriation
Resolution”. Now during the Committee Hearing, | thought it was clear that the primary purpose is to establish
this Expendable Trust Fund and it was stated that the ... designating the $250,000.00 from the sale of this
land was not binding. It was just to identify some source of funds, and the exact source of the funds and the
exact amount would be subject to further Resolution.

| felt that the designated, you know, taking $250,000.00 from the $775,000.00 is contrary to what the intention
was, that that money be used for recreational purposes. | happen to notice that the Capital Improvements
Committee just came out with a report. One of their priorities in the A Listing is developing, expressing the
need for additional soccer fields or at least time on soccer fields and they have designated a project at Mine
Falls, the soccer fields at Mine Falls converting them from a natural surface to an artificial surface which would
enable those fields to withstand much more intensive use and perhaps put up lights that would allow nighttime
use. Coincidentally the price tag on that project is $770,000.00. | have talked to the Mayor about this and he
said that the $770,000.00 is probably low; they probably need more money than that. But the $775,000.00
from this sale of the Bridge Street / Sanders Street Lot would go a long way in paying for that project, which
has been identified as a priority by the Capital Improvements Committee.

So during the Committee Hearing it was expressed by several people that this $250,000.00 was just — fulfilled
the requirement that in order to establish an Expendable Trust Fund, we had to identify the intended source of
the funding. It is not binding, but we had to at least identify the possible source of it. Since that meeting, the
Legal Department, and Attorney Bolton can confirm this, the Legal Department confirmed that, in fact, that is
not necessary to establish this Expendable Trust Fund. We don't have to identify the possible source of the
funding, how much the funding will be and where it will come from is subject to determination by future
Resolution, ideally part of the Budget Process. So the Legal Department advised me that removing that second
paragraph which identifies states the $250,000.00 would come from the sale of this Bridge Street / Sanders
Street Lot is not, in fact, necessary. We can establish the Expendable Trust Fund without endangering the
$775,000.00 which was intended for recreational purposes.

| would like to make a motion that second paragraph in the Resolution be struck so that the Resolution would
not contain that second paragraph, it would just contain the authorization for the Expendable Trust Fund.
Through you, Madam President, I'd like to ask Attorney Bolton whether or not what | said is true about it not
being necessary to have that identified in this Resolution.

MOTION BY ALDERMAN JETTE TO STRIKE THE SECOND PARAGRAPH BY ROLL CALL

ON THE QUESTION

President Wilshire

Attorney Bolton?

Steve Bolton, Corporation Counsel

Yeah that’s entirely accurate, there is no need for that second paragraph as far as legal requirements go. It
can be left in or it can be taken out as the Board wishes.

Board of Aldermen 03-09-2021 Page 11
President Wilshire

Thank you. Alderman Jette are you all set.

Alderman Jette

lam. So is it clear that I’ve made the motion to strike that second paragraph?

President Wilshire

Yes.

Alderman Jette

Yes.

President Wilshire

Alderman Lopez?

Alderman Lopez

Thank you. So | want to begin by saying | appreciate Alderman Jette bringing this up. It was a specific priority
of the soccer community; they were looking forward to that original field space. And it is unfortunate that the
Renaissance Downtown Program, you know, “downtown” being used loosely here as their project basically
redefines where it Downton extends to, has been scaled down over the years. They brought a lot of
enthusiasm and a lot of interest from different members of the community, through their Visualize Nashua
Programing and that has yielded a lot of really good development in the City that the original organization
holding basically hearings, had nothing to do with it. Things like Positive Street Art, Nashua Area Kayak
Exploration Destination, Row NH — those were all programs where people went to participate in the data
gathering process that Renaissance Downtown was holding. Renaissance Downtown elicited all of this
excitement about the opportunities that their project was going to have. There was a whole Riverfront
Promenade being planned and shops all of this kind of stuff.

It was very, very — it engendered a lot of passion but | mean as we discussed in the Committee meeting last
year, a lot of that is not happening. And where we were at last time was they were having trouble making the
project viable because they didn’t have enough square footage to squeeze all the buildings that they needed
on there. And the concerns that were brought up at the Committee were that, well if you take away all the
green space and just stack a bunch of buildings in there, you are creating another problem for the City where
the City is going to need to come up something to do. There is, in that area, a park being planned as part of
the rearranging and reorganizing of the City or of the streets to allow for the increased traffic flow. But that
doesn’t help the soccer community and soccer is one of those priorities that just keeps falling by the wayside
for our City. We keep losing opportunities, we don’t have any kind of indoor soccer field, we don’t have a
stadium or anything like that. It’s the sport that is growing so that was a lot of what we talked about at the
meeting and | appreciate Alderman Jette bringing it up.

| don’t know exactly how well it will be received installing an artificial turf and lights in Mine Falls so | would love
to have the Mine Falls Advisory Board’s opinion on that before we get too focused on that. But | do think that
the general idea of ensuring that money that comes out of the sacrifice of that property does go back into the
populations that had to, you know, essentially see another amenity passed up, it is important. | think we do
need to figure out more places to put soccer fields. | think we do need to ensure that with all the development
we are doing and | appreciate the Mayor focusing so much on housing, making sure that we are also providing
quality there. Because if kids are going to grow up in that area or adults are going to need to blow off steam,
then we need to have healthy ways for them to do it. And if it is going to be considered part of Nashua’s future
downtown, it needs to look like a future downtown and not just tenement housing.

Board of Aldermen 03-09-2021 Page 12

So | am glad to see, as Alderman Schmidt brought up, the project arching towards completion after its 11 year
history. And | think Alderman Jette does bring up a great point in putting forward this amendment and | would
like to explore further how we directly apply that in a way that is most responsible to taxpayers.

President Wilshire

Thank you, anyone else? On the motion to amend? Alderman O’Brien.

Alderman O’Brien

| do have — just on the question is this just taking questions on the amendment right now?

President Wilshire

No.

Alderman O’Brien

Ok, thank you, Madam President. | would just like to say that although | would like to go and support the soccer
community which | do and | will support this. | was never, from the very beginning, very comfortable with
soccer fields over a particular brown field. | Know it’s very limited but John Mansfield did manufacture asbestos,
there is asbestos on-site, it is a brown field and | know in Ward 9 we do have some areas that are
encapsulated, that it taken care of. We do have to maintain that so | am glad we are avoiding putting a field
where children would use over a brown field.

But | would also want to do due diligence and say when we are looking at money such as this, everybody in
the City all your Wards, Park & Recreation has taken care of your individual parks. There is one remaining at
that is St. Andrew’s Field in Ward 9. And | am sure | share the stage with my fellow compadre from Ward 9,
Representative Harriott-Gathright that | do hope as we move on in the future, that we do not forget St.
Andrew’s Field, the one and the only remaining park that has not been rejuvenated. So thank you, Madam
President.

Alderman Harriott-Gathright

And | agree because when Nick left ...

(Interference / Overlapping Conversation)

President Wilshire

Alright one at a time, please.

Alderman Harriott-Gathright

Sorry.
President Wilshire
Alderman Clemons?

(Interference audio in the background)

Document Scanning Proposal

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INCEPTIN ©

City of Nashua, NH
229 Main Street
Nashua, NH 03060

Board of Aldermen 03-09-2021 Page 13
Alderman Clemons

Thank you, Madam President. | have a couple of questions through you to Corporation Counsel if | might.
President Wilshire

Sure.

Alderman Clemons

My first question is does leaving — so on this question if we were to leave the paragraph that we are being

asked to strike in through the Resolution, does that somehow tie that money up or does it somehow fund this
account in any way.

Attorney Bolton

No. It is just a mere statement of what might happen in the future, what you intend to happen in the future at
this moment in time. But that could change as the will of the Board changes. So it is completely non-binding.

Alderman Clemons
And so if | could follow up, so that means that we do not have to remove this paragraph, in other words, to

ensure that the $775,000.00 that is being discussed, that money is not in jeopardy in other words, whether or
not we take this money out, or take this paragraph out or not.

Attorney Bolton

You can take it out, you can leave it in, as a practical matter it has not impact at all.
Alderman Clemons

Thank you, it’s a moot point. | appreciate it. Thank you.

President Wilshire

Alderman Gathright? No? OK. Alright anyone else?

Alderwoman Lu

Yes.

President Wilshire

Alderman Lu.

Alderman Lu

Thank you. Through you to Corporation Counsel, at the last meeting that this was discussed | wondered if

there was something about opening an Expendable Trust Fund, | believe that is what this is and leaving it
unfunded that is prohibited. If we establish this, is there a timeframe in which it must be funded in some way?

Attorney Bolton
No.